Tiller Law – Craig P. Tiller, Esq., PLLC Criminal Defense Lawyer Forest VA | Personal Injury Attorney Lynchburg 2026-07-17T14:29:40Z https://www.craigtillerlaw.com/feed/atom/ WordPress On Behalf of Tiller Law – Craig P. Tiller, Esq., PLLC <![CDATA[Can a trucking company be responsible for a truck accident?]]> https://www.craigtillerlaw.com/?p=48145 2026-07-17T14:29:40Z 2026-07-17T14:29:40Z When can the carrier share responsibility? A trucking company can be liable when an employee causes a crash while performing assigned work. The company’s responsibility for that mistake often depends on its relationship with the driver and its own conduct. Several grounds may place fault on the company:
  • The driver was doing assigned work. Under respondeat superior, an employer may be held responsible for an employee’s wrongful act within the scope of the driver’s employment.
  • The company made an unsafe hiring choice. A claim could arise if the carrier knew or should have known the driver lacked the qualifications needed for the job and that deficiency contributed to the crash.
  • The company added to the risk. Pressure to exceed driving-hour limits or permission to drive without proper credentials may support a direct negligence claim.
A driver’s status as an independent contractor can change the analysis. Courts often review the work arrangement and the carrier’s control, not only the label used in a contract. Company responsibility, however, is not the only issue that may affect recovery. In Virginia, courts follow a contributory negligence rule. If your negligence contributed to the crash, that finding can bar recovery.

Why does a detailed claim review matter

A truck accident claim may involve several possible defendants. The driver’s employment status, assigned duties and the carrier’s conduct can shape liability. Each factor requires careful evaluation in light of the collision facts. Legal guidance can clarify the relationships among the parties and secure proof before it disappears. An attorney may also evaluate insurance coverage and defenses that could affect the claim. This analysis can provide a clearer view of the possible compensation available under the claim.]]> 0 On Behalf of Tiller Law – Craig P. Tiller, Esq., PLLC <![CDATA[3 things to know about power of attorney documentation]]> https://www.craigtillerlaw.com/?p=48142 2026-07-14T12:41:26Z 2026-07-14T12:41:26Z power of attorney for healthcare decisions and/or financial decisions is an important part of creating an estate plan, it’s critical that all adults understand a few things about what it entails to effectively execute a version of this document that meets their needs uniquely.

#1: Choose a trustworthy agent

The person named as the agent will be able to handle all tasks permitted by the designation, so they should be trustworthy. They also need to be organized and to understand that they must work solely in the principal’s best interests. They must ensure they follow the principal’s wishes, even if those wishes go against their own beliefs.

#2: Consider the authority given

Each power of attorney document contains specific authority for the agent. Financial power of attorney designations can include the ability to pay bills, manage financial accounts or take care of assets. Healthcare power of attorney designations can allow someone to make medical decisions for the principal.

#3: Review the designation

A power of attorney document isn’t a one-and-done event. Once the document is created, it should be reviewed periodically to ensure it still meets the principal’s needs and reflects their wishes. Power of attorney documents are an important part of a comprehensive estate plan. Having an estate plan in place allows the creator to relay their wishes in a legally enforceable manner, so it’s best to work with a legal professional when getting started, given all that is at stake.]]> 0 On Behalf of Tiller Law – Craig P. Tiller, Esq., PLLC <![CDATA[Can pet owners include their animals in a simple will?]]> https://www.craigtillerlaw.com/?p=48141 2026-07-10T13:47:09Z 2026-07-10T13:47:09Z Virginia law and your pets Virginia law considers pets personal property. Due to this classification, you cannot leave money or property directly to an animal in a simple will. However, you may use your will to designate a trusted guardian for your pet. You might pair this designation with a specific cash gift left to the caregiver. If you want extra security, you can set up your will to include specific testamentary pet trust provisions. This will appoint a trustee to oversee the money and distribute it to the caregiver solely for your pet's needs. In addition, naming an alternate caregiver also provides a backup plan if your first choice cannot take on the responsibility.

Securing peace of mind

Including these provisions offers you immense comfort, knowing your pet will be cared for. Without a clear plan, pets face an uncertain future or end up in a crowded shelter. By naming a specific person to take over daily care, you could ensure that your pet maintains a high quality of life. It also guarantees that your animal companion transitions smoothly into a familiar environment without unnecessary stress.

Protecting every family member

Creating a will is not just about distributing physical assets or real estate. It could also be about protecting the lives you care about most. Incorporating these simple arrangements into your will helps create a secure safety net. Understanding your options when creating a will could be an excellent way to ensure your entire household remains protected for years to come.]]> 0 On Behalf of Tiller Law – Craig P. Tiller, Esq., PLLC <![CDATA[Why married couples should have separate wills]]> https://www.craigtillerlaw.com/?p=48140 2026-06-24T12:40:19Z 2026-06-24T12:40:19Z Many long-married couples assume that they only need one joint will if they plan for the longer-surviving spouse to inherit everything and then, when both are gone, leave everything to their children or maybe a favorite charity.  In fact, joint wills are rarely used anymore and may not even be accepted by the probate court. The key problem with a joint will is that it can only be modified when both spouses are still alive and have the testamentary capacity necessary to make changes. Once one spouse dies or becomes incapacitated, the terms of the will cannot be changed.

Why a will may need to be modified

It’s easy to assume that there would be no reason to modify a simple will with straightforward terms. However, any number of things could change. An adult child who is the future beneficiary of significant assets could fall victim to mental illness, addiction or other circumstances that would make such an inheritance impractical and even dangerous.  Further, one or more laws could change that could invalidate parts of the will. Changes in the law could burden beneficiaries or the estate itself with taxes or other costs that could have been saved with some basic modifications.

How does a reciprocal (“mirror”) will work?

Married couples who want to keep their estate planning simple can create reciprocal or “mirror” wills. These are two separate wills that have identical terms. Typically, they leave all assets initially to the surviving spouse and designate that all assets remaining when that spouse passes away will go to the children and/or other beneficiaries.  If they don’t want their children to wait until both have passed away to inherit anything, they can each designate that when they pass away, the children will get a certain amount or specific assets. Since each will has only one testator (the person who created it), it can be modified as long as that person is alive or at least has testamentary capacity. If one spouse chooses to modify their will and the other doesn’t, they just won’t be reciprocal wills any longer. While reciprocal wills may seem relatively uncomplicated, it’s wise to have experienced estate planning guidance when creating them. This can help couples address and protect the unique needs of their family.]]> 0 On Behalf of Tiller Law – Craig P. Tiller, Esq., PLLC <![CDATA[Tips for choosing someone to have financial power of attorney]]> https://www.craigtillerlaw.com/?p=48139 2026-06-15T19:42:00Z 2026-06-15T19:42:00Z financial power of attorney handles money-related matters, it’s critical that you choose someone who can do the job. This person should be trustworthy and responsible.

Choose someone who understands financial matters

The person you choose should also be someone who understands financial matters. The exact skills they need depends on what tasks they will have to handle. For example, if you have investments to take care of, you’ll need someone who understands investing. However, you may not need someone with that knowledge if your estate doesn’t include investment accounts.

Choose someone who can follow your instructions

The person to whom you give financial power of attorney should act in your best interests, which means they do what you would want done. They can’t make decisions that are in their own best interests. Because of this, it might be best to discuss your wishes with them while you can still relay them Determining whom you want to have financial power of attorney is only one decision you have to make when you’re creating a comprehensive estate plan. Determining how to set up your plan can be a challenging decision, so it is wise to have experienced estate planning guidance.]]> 0 On Behalf of Tiller Law – Craig P. Tiller, Esq., PLLC <![CDATA[What happens if a beneficiary dies before you do?]]> https://www.craigtillerlaw.com/?p=48138 2026-05-28T14:26:13Z 2026-05-28T14:26:13Z Why this situation creates questions Many people create wills based on their family structure at the time. Later deaths, remarriages and other family changes can affect how the document applies. When a beneficiary dies before the person who created the will, several factors may affect what happens to that property:
  • A will may name a backup beneficiary: Some wills already state who receives the property if the original beneficiary dies first.
  • A gift may no longer pass to the person originally named in the will: If the will does not address the situation, the property may pass in a different way than the family expected.
  • Family expectations may differ from the document: Relatives may expect children or spouses to inherit automatically, even when the will says something else.
  • Virginia law may affect where property goes: Virginia law affects who receives certain property if the will does not clearly address what happens after a beneficiary’s death.
  • An older will may not account for later family changes: A will written years ago may not address later deaths, remarriages or grandchildren.
These situations usually come up long after the person created the will, when family relationships and property arrangements may look very different.

Why older wills can create unexpected outcomes

A will reflects the relationships and circumstances in place when the person creates it. As families grow and change, older documents may no longer match those same circumstances. You may expect property to pass to a beneficiary’s children after that beneficiary dies. But the will may direct the property somewhere else or may not address the situation at all. Some assets may transfer outside the will because of beneficiary designations, payable-on-death designations or joint ownership arrangements. These differences can create disagreements among family members, especially when relatives rely on past conversations rather than the actual terms of the document.

What families should keep in mind

A beneficiary’s death can affect how property passes under a will. In some situations, the document may already address the issue. In others, the wording of the will and Virginia law may determine where the property goes. Because a will reflects a specific point in time, later family changes can affect how the document applies years afterward. A will that once matched the family’s expectations may no longer match the circumstances in place when the beneficiary dies. When that happens, the outcome may depend more on the language of the document than on what relatives remember discussing over the years.]]> 0 On Behalf of Tiller Law – Craig P. Tiller, Esq., PLLC <![CDATA[Are businesses ever liable for Virginia drunk driving crashes?]]> https://www.craigtillerlaw.com/?p=48137 2026-05-27T00:35:28Z 2026-05-27T00:35:28Z Virginia limits third-party alcohol liability Many states have adopted dram shop laws. In cases where people can show that a business served alcohol to a visibly intoxicated patron or to a minor, the business may be partially liable for a drunk driving crash that occurred after that liquor law violation. Other states have social host laws that allow those injured by underage drivers served alcohol by a non-licensed party to hold the adult host liable for the drunk driving incident. Virginia does not have dram shop or social host liability laws. However, the state does recognize vicarious liability. In scenarios where a drunk driver is an employee who is on the clock performing job functions at the time of a drunk driving crash, their employer may be partially liable for the collision that occurred and the losses it generated. Understanding when a business could be partially liable for a drunk driving collision can help those affected by a crash understand and assert their rights. While licensed alcohol providers may not be liable, employers sometimes are.]]> 0 On Behalf of Tiller Law – Craig P. Tiller, Esq., PLLC <![CDATA[2 factors that affect compensation for pain and suffering]]> https://www.craigtillerlaw.com/?p=48136 2026-05-18T13:46:54Z 2026-05-18T13:46:54Z After an accident, some losses are easy to measure. Medical bills and lost wages usually come with receipts or records. However, non-economic damages are different. These damages focus on the personal side of an injury, like pain, emotional stress or changes to your daily life. Courts look closely at how your injury affects you over time. Since there is no exact price for emotional suffering, judges and insurance companies review several details before deciding on a settlement amount. 

1. The story behind your recovery

One major factor is how deeply the injury changed your life. Courts may review your physical pain, emotional struggles and whether you can still enjoy normal activities. If you can no longer sleep well, work comfortably, exercise or spend time with family the same way, those details may increase non-economic damages. Strong evidence also matters. Courts consider:
  • Medical records
  • Therapy or counseling notes
  • Statements from family and friends
  • Photos of injuries
  • Recovery timelines
The more clearly your suffering is documented, the easier it becomes to show the real impact of the injury.

2. The long-term consequences

Courts also look at whether your condition is temporary or permanent. A short recovery may lead to lower non-economic damages than an injury that causes lasting pain or emotional trauma. For example, chronic back pain, permanent scarring, anxiety or limited mobility can affect your future quality of life. In many cases, settlements increase when injuries continue to interfere with daily routines months or years after the incident. Every injury case is unique, and non-economic damages are rarely calculated the same way twice. If you are struggling after an accident, learning how courts review these losses may help you feel more prepared. In some situations, consulting with a legal professional familiar with injury claims can also help you better understand what factors may affect your case.]]> 0 On Behalf of Tiller Law – Craig P. Tiller, Esq., PLLC <![CDATA[Steps to take after getting a traffic violation ticket]]> https://www.craigtillerlaw.com/?p=48134 2026-05-06T14:43:19Z 2026-05-06T14:43:19Z Receiving a traffic violation ticket can be frustrating and stressful, especially if you are unsure about what happens next. Even a minor citation can lead to fines, points on your driving record and higher insurance costs if not handled properly. Understanding the right steps to take after receiving a traffic ticket can help you avoid unnecessary penalties and protect your driving privileges.

1. Review the ticket carefully

The first thing you should do is carefully read the citation. Check the details listed on the ticket, including the date, time, location and the specific traffic violation you are accused of committing. You should also review any deadlines for payment or court appearances because missing important dates can result in additional fines, license suspension or other complications.

2. Understand the type of violation

Traffic offenses are generally divided into moving and non-moving violations. Moving violations include offenses such as speeding, running a red light or failing to use a turn signal. Non-moving violations on the other hand, involve parking issues or vehicle equipment problems. More serious offenses, such as reckless driving or driving without insurance, may carry heavier penalties and have a more significant impact on your driving record.

3. Decide whether to pay or contest the ticket

Paying the fine is usually the fastest way to resolve a traffic ticket. However, paying often means accepting responsibility for the violation. If you believe the citation was issued incorrectly, you may choose to challenge the ticket in traffic court. 

4. Consider the impact on your insurance

Traffic tickets can affect more than your immediate finances because insurance companies may increase your premiums after a certain number of violations, since they may consider you a higher-risk driver. More serious or repeated violations can sometimes lead to policy cancellation, non-renewal, or additional insurance requirements.

5. Stay organized and take action quickly

Keeping copies of your ticket, payment receipts, court documents and correspondence can help you stay prepared throughout the process. Responding promptly also reduces the risk of additional penalties. Seeking professional legal guidance may help you better understand your options, protect your driving privileges, and navigate the traffic ticket process more effectively.]]> 0 On Behalf of Tiller Law – Craig P. Tiller, Esq., PLLC <![CDATA[Can a will be ignored?]]> https://www.craigtillerlaw.com/?p=48133 2026-04-18T16:34:40Z 2026-04-18T16:34:40Z When someone creates a will, it often feels like the final word: clear, intentional and binding. Families expect it to provide direction and help avoid confusion during an already difficult time. But reality can be more complicated. Even the most straightforward will can raise questions, especially when circumstances or relationships are not as simple as they seem.

Can a will actually be ignored?

A valid will is meant to guide how a person’s assets are distributed, but there are situations where it may be challenged or set aside. Courts do not ignore wills lightly, yet they will step in if there are concerns about how the document was created or whether it truly reflects the person’s wishes. Issues like lack of capacity, undue influence or improper execution can all open the door to disputes. Even with simple wills, disagreements can arise. A family member may believe the person was pressured into making certain decisions or that they did not fully understand what they were signing. Although rare, undue influence is a serious, recognized legal issue that may be used to invalidate a will. In other cases, a will might conflict with more recent documents, beneficiary designations or state laws that protect certain individuals, such as spouses. These conflicts do not automatically invalidate a will, but they can complicate how it is carried out. There are also legal limits to what a will can control. Certain assets, like jointly owned property or accounts with named beneficiaries, typically pass outside of the will entirely. This can create the impression that parts of the will are being ignored, when in reality, other legal rules are taking priority. Understanding these distinctions is key to avoiding confusion and setting realistic expectations. If you have questions about a will or concerns about how it may be interpreted, it can help to speak with a knowledgeable legal professional who can walk you through your options and provide clarity during the process.]]> 0